Decree No. 156/2007/ND-CP amending and supplementing certain articles of Decree No. 09/2005/ND-CP dated January 27, 2005 of the Government on administrative penalties for violations in inland waterway transport and Decree No. 44/2006/ND-CP dated April 25, 2006 of the Government on administrative penalties for violations in railway transport.

DECREE

Amending and supplementing some articles of Decree No. 09/2005/NĐ-CP dated January 27, 2005 of the Government on administrative penalties for violations in inland waterway transport and Decree No. 44/2006/NĐ-CP dated April 25, 2006 of the Government on administrative penalties for violations in railway transport

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Inland Waterway Transport dated June 15, 2004;
Pursuant to the Law on Railways dated June 14, 2005;
Pursuant to the Ordinance on Handling Administrative Violations dated July 2, 2002;
Considering the proposal of the Minister of Transport,

DECREE:

 Article 1. Amending and supplementing some articles of Decree No. 09/2005/NĐ-CP dated January 27, 2005 of the Government on administrative penalties for violations in inland waterway transport as follows:

1. Amend Article 5 as follows:

a) Article 5 shall be amended as follows:

"Article 5. Forms of administrative penalties against seafarers and drivers of vessels."

b) Clause 4 of Article 5 is abolished.

2. Amending and supplementing Clause 2, Clause 3 of Article 35 as follows:

“2. The Head of the Transport Inspection Department of the Department of Transport, the Department of Transport and Public Works, the Head of the Inland Waterway Transport Inspection Department have the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke for a period of up to six months or indefinitely the certificates issued by the competent state agencies in charge of transport. In cases where the certificates are issued by other competent authorities, they shall issue a decision to stop the violation and recommend the relevant authority to revoke the certificates for a period of time or to confiscate such certificates;

d) Confiscate objects and means used to commit administrative violations;

d) To compel restoration to the original condition before the change caused by the administrative violation; to compel demolition of unauthorized construction works; to compel implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation; to compel destruction of items harmful to human health, animals, and plants.

5. The Director of the Port Marine Traffic Inspectorate, the Head of the Specialized Inspection Team of the Port Marine Traffic Inspectorate have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke for a period of up to six months or indefinitely the certificates issued by the competent state agencies in charge of transport. In cases where the certificates are issued by other competent authorities, they shall issue a decision to stop the violation and recommend the relevant authority to revoke the certificates for a period of time or to confiscate such certificates;

d) Confiscate objects and means used to commit administrative violations;

d) To compel restoration to the original condition before the change caused by the administrative violation; to compel demolition of unauthorized construction works; to compel implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation; to compel destruction of items harmful to human health, animals, and plants."

Article 2. Amending and supplementing Clause 2, Clause 3 of Article 42 of Decree No. 44/2006/NĐ-CP dated April 25, 2006 of the Government on administrative penalties for violations in railway transport as follows:

“2. The Head of the Transport Inspection Department of the Department of Transport, the Department of Transport and Public Works, the Head of the Railway Transport Inspection Department have the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke for a period of up to six months or indefinitely the certificates issued by the competent state agencies in charge of transport. In cases where the certificates are issued by other competent authorities, they shall issue a decision to stop the violation and recommend the relevant authority to revoke the certificates for a period of time or to confiscate such certificates;

d) Confiscate objects and means used to commit administrative violations;

d) To compel restoration to the original condition before the change caused by the administrative violation; to compel demolition of unauthorized construction works; to compel implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation; to compel destruction of items harmful to human health, animals, and plants.

5. The Director of the Port Marine Traffic Inspectorate, the Head of the Specialized Inspection Team of the Port Marine Traffic Inspectorate have the authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To revoke for a period of up to six months or indefinitely the certificates issued by the competent state agencies in charge of transport. In cases where the certificates are issued by other competent authorities, they shall issue a decision to stop the violation and recommend the relevant authority to revoke the certificates for a period of time or to confiscate such certificates;

d) Confiscate objects and means used to commit administrative violations;

d) To compel restoration to the original condition before the change caused by the administrative violation; to compel demolition of unauthorized construction works; to compel implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation; to compel destruction of items harmful to human health, animals, and plants."

Article 3. Implementation Provisions

1. This Decree shall take effect 15 days from the date of publication in the Official Gazette.

2. The Minister of Transport shall be responsible for organizing the implementation of this Decree.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.